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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to earned wage access services; 2
creating s. 437.01, F.S.; providing a short title; 3
creating s. 437.02, F.S.; providing definitions; 4
creating s. 437.03, F.S.; requiring providers to 5
register with the Financial Services Commission; 6
providing registration requirements; requiring a 7
provider to display its registration certificate; 8
providing for renewal of such certificate; providing 9
requirements with which a provider must comply; 10
specifying mechanisms by which registrations may be 11
denied, not renewed, or revoked; requiring the 12
commission to deny, refuse to renew, or revoke a 13
registration certificate under certain circumstances; 14
creating s. 437.04, F.S.; providing requirements with 15
which a provider must comply; prohibiting certain acts 16
by a provider; creating s. 437.05, F.S.; providing 17
construction and applicability; creating s. 437.06, 18
F.S.; providing administrative penalties; authorizing 19
the Financial Services Commission to adopt rules; 20
requiring the commission, by a date certain, to 21
prescribe the form and content of an application for 22
registration; authorizing a person who previously 23
provided earned wage access services to continue for a 24
specified time without registering under certain 25
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conditions; specifying applicability; providing 26
effective dates. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Section 437.01, Florida Statutes, is created to 31
read: 32
437.01 Short title. —This chapter may be cited as the 33
"Florida Earned Wage Access Services Act." 34
Section 2. Section 437.02, Florida Statutes, is created to 35
read: 36
437.02 Definitions. —As used in this chapter, the term: 37
(1) "Business entity" means a corporation, a limited 38
liability company, a partnership, an association, or any other 39
commercial entity. 40
(2) "Commission" means the Financial Services Commission 41
created by s. 20.121(3). 42
(3) "Consumer" means a person who resides in this state. 43
(4) "Consumer-directed earned wage access services" means 44
the business of delivering to consumers access to earned but 45
unpaid income that is based on the consumer's representations 46
and the provider's reasonable determination of the consumer's 47
earned but unpaid income. 48
(5) "Director" means a person on the provider's board of 49
directors. 50
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(6) "Earned but unpaid income" means sal ary, wages, 51
compensation, or other income that a consumer or an employer has 52
represented, and that a provider has reasonably determined has 53
been earned or accrued to the benefit of the consumer, in 54
exchange for the consumer's provision of services to the 55
employer or on behalf of the employer, including on an hourly 56
basis, a project-based basis, a piecework basis, or any other 57
basis and including circumstances in which the consumer is 58
acting as an independent contractor of the employer, but has 59
not, at the time of the payment of proceeds, been paid to the 60
consumer by the employer. 61
(7) "Earned wage access services" means the business of 62
providing consumer-directed earned wage access services or 63
employer-integrated earned wage access services, or both. 64
(8)(a) "Employer," except as provided in paragraph (b), 65
means either of the following: 66
1. A person who employs a consumer. 67
2. A person who is contractually obligated to pay a 68
consumer earned but unpaid income in exchange for the consumer's 69
provision of services to the employer or on behalf of the 70
employer, including working on an hourly basis, a project -based 71
basis, a piecework basis, or any other basis, including 72
circumstances in which the consumer is acting as an independent 73
contractor of the employer. 74
(b) The term does not include the following: 75
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1. A customer of an employer. 76
2. Any other person whose obligation to make a payment of 77
salary, wages, compensation, or other income to a consumer is 78
not based on the provision of services by that consume r for or 79
on behalf of the person. 80
(9) "Employer-integrated earned wage access services" 81
means the business of delivering to consumers access to earned 82
but unpaid income that is based on employment, income, or 83
attendance data obtained directly or indirect ly from an 84
employer. 85
(10) "Fee" means a payment imposed by a provider for 86
delivery or expected delivery of proceeds to a consumer or a 87
subscription or membership payment imposed by a provider for a 88
bona fide group of services that includes earned wage ac cess 89
services. The term does not include a voluntary tip, gratuity, 90
or other donation. 91
(11) "Key officer" means the chief executive officer, 92
chief financial officer, or chief compliance officer of a 93
business entity. 94
(12) "Member" means a person who has the right to receive 95
upon dissolution, or who has contributed, 10 percent or more of 96
the capital of a provider that is organized as a limited 97
liability company. 98
(13) "Outstanding proceeds" means proceeds remitted to a 99
consumer by a provider which have n ot yet been repaid to the 100
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provider. 101
(14) "Partner" means a person who has the right to receive 102
upon dissolution, or has contributed, 10 percent or more of the 103
capital of a provider that is organized as a partnership. 104
(15) "Proceeds" means a payment to a consumer by a 105
provider which is based on earned but unpaid income. 106
(16) "Provider" means a business entity that is in the 107
business of providing earned wage access services to consumers. 108
The term does not include: 109
(a) A service provider, such as a pay roll service 110
provider, whose role may include verifying available earnings 111
but that is not contractually obligated to fund proceeds as part 112
of an earned wage access service; or 113
(b) An employer that offers to provide a portion of 114
salary, wages, or other c ompensation before the normally 115
scheduled pay date. 116
Section 3. Section 437.03, Florida Statutes, is created to 117
read: 118
437.03 Registration and certificate renewal. — 119
(1) Each provider must register with the commission by 120
submitting all of the followin g information: 121
(a) The provider's legal business name, trade name, 122
mailing address, and business locations. 123
(b) The full names and mailing addresses of the provider's 124
partners, members, directors, or key officers and the designated 125
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agent for service of process for the business entity. 126
(c) A statement documenting whether the provider is a 127
domestic or foreign business entity. 128
(d) The name of the state in which and the date on which 129
the business entity was formed or incorporated. If applicable, 130
the business entity must provide its charter number and, if a 131
foreign corporation, the date it registered with the Department 132
of State. 133
(e) If the provider operates under a fictitious name, the 134
date on which the provider registered its fictitious name with 135
the Department of State. 136
(2) The commission shall issue a certificate evidencing 137
proof of registration, which the provider must prominently 138
display at its primary place of business. If the provider 139
conducts business through a website, the provider must post a 140
copy of its certificate or provide its registration number on 141
the website. 142
(3) A provider must renew its certificate biennially on or 143
before the expiration date. The commission may extend the 144
expiration date of a provider's certificate for up to 1 year in 145
order to establish staggered expiration dates. 146
(4) A certificate issued under this chapter is not 147
assignable, and the provider may not conduct business under more 148
than one name, unless such name is registered. A provider must 149
notify the commission if the provider changes its registered 150
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name, location, or designated agent for service of process. 151
(5) The commission may deny, refuse to renew, or revoke 152
the certificate of any provider based upon a determination that 153
the provider, or any of the provider's partners, members, 154
directors, or key officers, has: 155
(a) Failed to meet the requirements for registration as 156
provided in this chapter; 157
(b) Been convicted of a crime involving fraud, dishonest 158
dealing, or any other act of moral turpitude; 159
(c) Not satisfied a civil fine or penalty arising out of 160
an administrative or enforcement action brought by a 161
governmental agency or private person based upon conduct 162
involving fraud, dishonest dealing, an act of moral turpitude, 163
or a violation of this chapt er which has not been satisfied; 164
(d) Pending against it any criminal, administrative, or 165
enforcement proceeding based upon conduct involving fraud, 166
dishonest dealing, or any other act of moral turpitude in any 167
jurisdiction; or 168
(e) Had a judgment entere d against it in an action brought 169
by the commission or the Department of Legal Affairs under this 170
chapter or the Florida Deceptive and Unfair Trade Practices Act. 171
(6) The commission must deny, refuse to renew, or revoke 172
the certificate of a provider or d eny a registration or renewal 173
request by any of the provider's partners, members, directors, 174
or key officers if the provider has not satisfied a civil 175
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penalty or administrative fine imposed for a violation of s. 176
437.04. 177
Section 4. Section 437.04, Flori da Statutes, is created to 178
read: 179
437.04 Provider requirements and prohibitions. — 180
(1) A provider registered under s. 437.03 must do all of 181
the following: 182
(a) Develop and implement policies and procedures to 183
respond to questions raised by consumers and to address 184
complaints from consumers in an expedient manner. 185
(b) If the provider offers a consumer the option to 186
receive proceeds for a fee or solicits a tip, gratuity, or other 187
donation, it must offer the consumer at least one reasonable 188
option to obtain proceeds at no cost to the consumer and clearly 189
explain how to elect the no -cost option. 190
(c) Before entering into an agreement with a consumer for 191
the provision of earned wage access services: 192
1. Inform the consumer of his or her rights under the 193
agreement. 194
2. Clearly disclose all fees associated with the earned 195
wage access services. 196
(d) Inform the consumer of any material changes to the 197
terms and conditions of the earned wage access services before 198
implementing such changes for that consumer. 199
(e) Allow the consumer to cancel use of the provider's 200
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earned wage access services at any time without incurring a 201
cancellation fee imposed by the provider. 202
(f) Comply with all applicable local, state, and federal 203
privacy and information security laws. 204
(g) If a provider solicits, charges, or receives a tip, 205
gratuity, or other donation from a consumer, the provider must 206
do the following: 207
1. Clearly and conspicuously disclose to the consumer 208
immediately before each transaction that a tip, gratuity, or 209
other donation amount may be zero and is voluntary. 210
2. Clearly and conspicuously disclose in its service 211
agreement with the consumer that tips, gratuities, or donations 212
are voluntary and that the offering of earned wage access 213
services, including the amou nt of proceeds a consumer is 214
eligible to request and the frequency with which proceeds are 215
provided to a consumer, is not contingent on whether the 216
consumer pays the tip, gratuity, or other donation, or on the 217
size of the tip, gratuity, or other donation. 218
(h) Provide proceeds to a consumer by any means mutually 219
agreed upon by the consumer and the provider. 220
(i) If the provider seeks from a consumer's depository 221
institution, including by means of electronic funds transfer, 222
repayment of outstanding proceed s or payment of fees or other 223
amounts owed or paid, including voluntary tips, gratuities, or 224
other donations, in connection with the activities covered under 225
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this chapter, the provider must: 226
1. Comply with applicable provisions of the federal 227
Electronic Funds Transfer Act of 1978, 15 U.S.C. ss. 1693 et 228
seq., and regulations adopted under the act. 229
2. Reimburse the consumer for the full amount of any 230
overdraft or insufficient funds fees imposed on a consumer by 231
the consumer's depository institution which were caused by the 232
provider attempting to seek payment of any outstanding proceeds, 233
fees, or other payments, including voluntary tips, gratuities, 234
or other donations, in connection with the activities covered by 235
this chapter on a date before, or in an inco rrect amount from, 236
the date or amount disclosed to the consumer. This subparagraph 237
does not apply to payments of outstanding amounts or fees 238
incurred by a consumer through fraudulent or other unlawful 239
means. 240
(2) A provider registered under s. 437.03 may not do any 241
of the following: 242
(a) Share with an employer a portion of any fees or 243
voluntary tips, gratuities, or other donations that were 244
received from or charged to a consumer for earned wage access 245
services. 246
(b) Require a consumer's credit report or a credit score 247
provided or issued by a consumer reporting agency to determine a 248
consumer's eligibility for earned wage access services. 249
(c) Accept payment of outstanding proceeds; fees; or 250
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voluntary tips, gratuities, or other donations from a consumer 251
by means of a credit card, charge card, or debit card. 252
(d) Charge a late fee, a deferral fee, interest, or any 253
other penalty or charge for the failure to pay outstanding 254
proceeds; fees; or voluntary tips, gratuities, or other 255
donations. 256
(e) Report to a consumer reporting agency or debt 257
collector any information about a consumer regarding the 258
inability of the consumer to repay outstanding proceeds; fees; 259
or voluntary tips, gratuities, or other donations. 260
(f)1. Compel or attempt to compel a consumer to pa y any 261
outstanding proceeds; fees; or voluntary tips, gratuities, or 262
other donations to the provider through any of the following 263
means: 264
a. A lawsuit against the consumer in a court of competent 265
jurisdiction. 266
b. Use of a third party to pursue collection from the 267
consumer on the provider's behalf. 268
c. The sale of outstanding amounts to a third -party 269
collector or debt buyer to pursue collection from the consumer. 270
2. This paragraph does not preclude a provider from 271
compelling the payment of outstanding p roceeds or fees incurred 272
by a consumer through fraudulent or other unlawful means or 273
pursuing an employer for breach of its contractual obligations 274
to the provider. 275
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(g) Mislead or deceive the consumer about the voluntary 276
nature of any tips, gratuities, o r other donations the provider 277
solicits, charges, or receives or make representations that 278
tips, gratuities, or other donations will benefit a specific 279
person. 280
(3) A provider may use the mailing address provided by a 281
consumer to determine the consumer's state of residence for 282
purposes of this chapter. 283
Section 5. Section 437.05, Florida Statutes, is created to 284
read: 285
437.05 Construction; applicability. — 286
(1)(a) Notwithstanding any other law to the contrary, 287
earned wage access services offered or prov ided by a provider in 288
compliance with this chapter are not considered any of the 289
following: 290
1. A violation of or noncompliance with s. 516.17 or any 291
other state law governing deductions from payroll, salary, 292
wages, compensation, or other income or the pu rchase, sale or 293
assignment of, or an order for, earned but unpaid income. 294
2. A loan or other form of credit or debit, and the 295
provider is not considered a creditor, debt collector, or lender 296
with respect thereto. 297
3. A money transmission and the provide r is not considered 298
a money transmitter as defined in s. 560.103. 299
(b) Notwithstanding any other law to the contrary, fees 300
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paid to a provider in accordance with this chapter are not 301
considered interest or finance charges. 302
(2) Chapter 516 does not apply to proceeds paid to a 303
consumer in accordance with this chapter. 304
(3) A voluntary tip, gratuity, or other donation paid by a 305
consumer to a provider in accordance with this chapter is not 306
considered a finance charge. 307
(4) If there is a conflict between thi s chapter and any 308
other state law, this chapter prevails. 309
Section 6. Section 437.06, Florida Statutes, is created to 310
read: 311
437.06 Administrative penalties. — 312
(1) If the commission finds that a provider has violated 313
this chapter or any rules adopted or orders issued under this 314
chapter, the commission may enter an administrative order doing 315
one or more of the following: 316
(a) Issue a notice of noncompliance pursuant to s. 317
120.695. 318
(b) Impose an administrative fine in the Class II category 319
pursuant to s. 570.971 for each act or omission. 320
(c) Direct the provider to cease and desist activities 321
specified by the commission. 322
(d) Refuse to renew, revoke, or suspend the provider's 323
certificate. 324
(e) Place the provider on probation, subject to conditions 325
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specified by the commission. 326
(2) An administrative proceeding that could result in the 327
entry of an order imposing any of the penalties specified in 328
this section are governed by chapter 120. 329
Section 7. Upon this act becoming law, the Financial 330
Services Commission is authorized, and all conditions are deemed 331
met, to adopt rules pursuant to ss. 120.536(1) and 120.54, 332
Florida Statutes. By January 1, 2026, the Financial Services 333
Commission must prescribe the form and content for an 334
application for registrat ion to provide earned wage access 335
services pursuant to this act. 336
Section 8. A person who was engaged in the business of 337
providing earned wage access services in this state on or before 338
January 1, 2025, may continue to engage in the business of 339
providing earned wage access services without registering until 340
July 1, 2026, if the person has submitted an application for 341
registration and otherwise complies with this act. 342
Section 9. Section 437.04(1)(b) and (h), Florida Statutes, 343
as created by this act, f irst applies, with respect to a 344
provider that offers proceeds to a consumer under the terms of 345
an agreement that specifies the consumer's cost of obtaining 346
proceeds, to any agreement entered into, renewed, or modified on 347
or after January 1, 2026. 348
Section 10. Except as otherwise expressly provided in this 349
act and except for this section, which shall take effect upon 350
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this act becoming a law, this act shall take effect January 1, 351
2026. 352